Health and Safety at Work etc. Act 1974

5 In section 6 of the 1961 Act (power to dispense with or relax requirements of building regulations)—

(a) in subsection (1), add at the end the words " either unconditionally or subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation. ";

(b) in the proviso to subsection (2), for the words from " shall " onwards substitute " may except applications of any description ";

(c) for subsection (6) substitute—

“(6) An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the Secretary of State except where the power of giving the direction is exercisable by that authority.”;

(d) after subsection (7), there shall be inserted as subsections (7A) and (7B)—

“(7A) If, on an application to the Secretary of State for a direction under this section, the Secretary of State considers that any requirement of building regulations to which the application relates is not applicable or is not or would not be contravened in the case of the work or proposed work to which the application relates, he may so determine and may give any directions that he considers necessary in the circumstances.

(7B) A person who contravenes any condition specified in a direction given under this section or permits any such condition to be contravened shall be liable to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted. and”;

(e) subsection (8) shall be omitted.